I would let the law firm know the latest update from your appointment at the clinic and that you have an MRI scan booked. Request that until you have had the outcome of that scan you would not want the current report to be shared with the other side.

I do my best to provide good practical advice, however I do so without liability.
If you have any doubts then do please seek professional legal advice.

You canít always stop the waves but you can learn to surf.

You are braver than you believe, smarter than you think and stronger than you seem.

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Duly noted, I asked for this course of action with a phone call yesterday. It has been agreed we await the MRI results, then if needed, a second opinion and prognosis based on this. I have requested an interim payment as now on 50% salary which is great before Christmas. So far, MY solicitors have said that cannot action this! I am the one that was hit, the other party has no injuries as he was in a car! Not happy at all..

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Hi Beaconsman,
Not sure why your solicitors have said they won't request an interim. I appreciate that part or all of the injuries may be an exacerbation of previous injuries you sustained but that shouldn't make a difference. The Defendant has admitted liability so no issue there.

The issue that may be a sticking point for them, is the fact the medical evidence is currently not supporting a longer recovery period. You'll appreciate that someone can admit liability but unless there is the evidence to support the injuries claimed to have been caused by the accident, there is no obligation to pay any damages whatsoever. I'm not for a minute suggesting this is the case here, but trying to explain why the defendant may be reluctant to offer an interim. However, that doesn't explain why your solicitor isn't asking for an interim payment. The worst the other side can say is no?

If I remember rightly the Defendant did fund some treatments for you? That may be another reason for not asking for a further payment although technically rehabilitation is a separate issue to this.

I think it is worth your asking the solicitor why they won't request an interim payment from the defendant. They may have a perfectly valid reason preventing them from making the request, but it would be helpful if they explained their reasoning.

Sorry probably not what you want to hear but hopefully you can get some answers and understand better where the solicitor is coming from. Hoping the scan goes ok next week.

I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

If in doubt you should always seek professional face to face legal advice.

Comment

Another update. I have spoken to my solicitor (case handler) about my claim. I am on 50% wages so cannot afford any Christmas presents (since 28th Nov) my wife is fine about it, as it is about the children mainly. I cannot cover the total costs of outgoings with 50% salary. I have asked for an interim payment but so far have been refused based on 1. Medical report needs to be amended. 2. I have an MRI scan on sat 16th, so we are awaiting the results. Liability has been admitted in full. I have called my bank, who have been very good, have refunded me about £60 of charges, credit card company have upped my limit to cover the outgoings for next month. Obviously the balance will be cleared in full once I am back on my feet. I have been asked to return (if the prognosis allows) to work on the 4th Jan for a meeting, and discuss a phased return, which I feel I am being forced into due to financial reasons. I have enquired if this is based on a 100% salary, if it isn't, I cannot afford the fuel to travel 60 miles a day on a 50% return for 50% salary as I have simply not enough money or savings. My wife is covering mortgage, council tax etc plus she has to cover some of my bills. I have applied for a job closer to my home with a company vehicle supplied so I am hoping I will get it. its not 100% obviously. IN regards to my predicament, what can i do? I am suffering financial hardship through no fault of my own. yet the people who should be representing me seem to be working to de value my claim based on the medical report plus also dont have my best interests (so it seems) to re imbrues me at this moment, even if its just £500 it would help. The accident was caught on dash cam so liability isn't an issue.

Update as of 14th December: GP has again declared me unfit for work, whilst MRI is undertaken and results. What can my employer do/cannot do? Been there since August 2016. 50% wages now from end of november. Did have meeting on the 4th Jan this may change as I am under care of the clinic who arranged the MRI. GP says he will not need to see me for extensions of unfit for work notes (which my employer is pretty keen on, I had to drive today to get one even though it covers for today) and I am sending these to my employer promptly. All incurs costs which i can claim back however my insurance companies' solicitors still refusing to even approach third party's insurer for interim payments. If I can go back, (impossible to tell yet as I feel daily pains in my back/spine) on a phased return, I cannot afford the fuel costs as the distance will be the same yet on half salary. nothing after January so my employer has said.

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Update: As a result of the MRI, I have an appointment with a consultant surgeon in Feb. GP signed me off yesterday for another month to cover the wait for the consultation, then, if surgery is needed, up to 18 week wait plus recovery etc. If i cannot carry out the role anymore after surgery what are my options?
I am having a nightmare with insurance (3rd parties) as they are refusing to make interim payments and as of the 23rd of this month get nothing apart SSP. The amended medical report has only been partially amended by the consultant I saw (was sent to him by inusurance co) basically said nothing wring with me etc. Rsults come back form MRI show 3 issues of concern and now being sent to see a consultant Neural surgeon. yet, according to the independent medical expert, nothgin wrong with me, although this was before the MRI (december 2017) and the "expert" i saw was in early October 2017. Third party insurance accepted full liability yet they wont pay me anything to cover loss of wages, yet they paid over £3500 for the hire bike (that I couldn't ride in August) plus various other expenses that they have had to pay. Just doesn't make sense....Veterens UK have been to see me also and have applied for War Pension as the injuries that have been highlighted were initially caused in 2002 by a severe trauma.

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I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

If in doubt you should always seek professional face to face legal advice.